ICFTU INTERNATIONAL CONFEDERATION OF FREE TRADE UNIONS annual survey of violations ➔of trade union rights Period under review: January to December 2002. The survey was written by the ICFTU Trade Union Rights Department. ICFTU Boulevard du Roi Albert II, 5, bte 1, B-1210 Brussels - Belgium Tel. 32-2-224.02.11 - Fax 32-2-201.58.15 E-mail: [email protected] - website: www.icftu.org ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2003 030 ContentsFOREWORD 5 ASIA AND 129 Introduction THE PACIFIC 132 Australia EIGHT ILO CORE 133 Azerbaijan LABOUR 134 Bangladesh STANDARDS 7 137 Brunei 137 Burma AFRICA 9 Introduction 139 Cambodia 12 Algeria 141 China 13 Angola 146 Fiji 14 Benin 148 Hong Kong SAR (China) 14 Botswana 151 India 16 Burkina Faso 153 Indonesia 16 Cameroon 156 Japan 18 Central African Republic 158 Kazakhstan 19 Chad 160 Korea,Democratic People’s Republic of 20 Côte d’Ivoire 161 Korea,Republic of 22 Democratic Republic of Congo 166 Kyrgysztan 24 Djibouti 167 Laos 25 Equatorial Guinea 168 Macau SAR (China) 26 Egypt 169 Malaysia 27 Ethiopia 171 Maldives 28 Gabon 172 Nepal 29 Ghana 173 Pakistan 30 Guinea 175 Philippines 31 Kenya 178 Singapore 33 Lesotho 179 Sri Lanka 35 Libya 181 Tajikistan 35 Madagascar 182 Taiwan 37 Malawi 183 Thailand 38 Mauritania 188 Turkey 40 Mauritius 191 Vietnam 41 Morocco 42 Mozambique EUROPE 193 Introduction 43 Namibia 196 Andorra 45 Nigeria 196 Belarus 46 Rwanda 200 Belgium 47 Senegal 201 Bosnia and Herzegovina (BiH) 48 South Africa 202 Bulgaria 50 Sudan 203 Croatia 51 Swaziland 205 Czech Republic 53 Tanzania 207 Georgia 54 Togo 208 Germany 54 Tunisia 209 Hungary 55 Uganda 211 Latvia 57 Zambia 212 Lithuania 58 Zimbabwe 213 Malta 213 Moldova 214 Poland AMERICAS 63 Introduction 216 Romania 66 Argentina 217 Russian Federation 68 Bahamas 219 Serbia and Montenegro (former 68 Belize Federal Republic of Yugoslavia) 69 Bolivia 221 Slovak Republic 70 Brazil 221 Spain 73 Canada 223 Switzerland 76 Chile 224 Ukraine 78 Colombia 225 United Kingdom 87 Costa Rica 90 Cuba 92 Dominican Republic 94 Ecuador MIDDLE EAST 229 Introduction 97 El Salvador 232 Bahrain 99 Guatemala 233 Cyprus 103 Guyana 234 Iran 104 Haiti 235 Iraq 107 Honduras 236 Israel 108 Jamaica 237 Jordan 108 Mexico 238 Kuwait 112 Nicaragua 239 Lebanon 113 Panama 240 Oman 115 Paraguay 241 Qatar 117 Peru 241 Saudi Arabia 120 Trinidad and Tobago 243 Syrian Arab Republic 120 United States of America 244 United Arab Emirates 125 Venezuela 245 West Bank and Gaza 246 Yemen APPENDICES 248 ILO conventions 87 & 98 ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2003 Foreword 050 This 2003 edition of the Annual Survey details violations of trade union rights in 133 countries during the year 2002. These violations range from provisions in national legislation which restrict legitimate trade union activity, through out- right bans on freedom of association, to intimidation, wrongful detention, tor- ture and murder of trade unionists. The report shows how fundamental rights enshrined in Conventions of the UN’s International Labour Organisation (ILO) are flouted in countries around the world, depriving millions of working people of their rights to trade union representation, and thus fair wages and decent working conditions. Colombia remained the most dangerous place on earth for trade union activity, with 184 documented cases of murder of trade unionists, along with systematic use of violence and intimidation against union members and leaders. The cam- paign of anti-union repression was carried out with impunity, and none of those responsible for the appalling murder toll were brought to justice. In common with other undemocratic regimes such as Belarus, and Cuba, the Chinese authorities persisted in stifling legitimate trade union activity as a mainstay of their exercise of power. Efforts by Chinese workers to organise free trade union activity were repressed, often with violence, against a background of rising social tensions due to the massive economic changes taking place there. Anti-union repression also increased in Venezuela and Zimbabwe and remained a feature in several other countries in Africa and the Americas, as well as in Asia-Pacific, where the South Korean authorities continued to imprison union leaders. The North Korean regime continued its absolute ban on free trade unionism. All forms of trade union activity remained illegal in virtually every Gulf state, although welcome changes were made in Bahrain, where possibilities for free trade union activity were opened up. The Survey highlights how globalisation, in the absence of mechanisms to ensure full respect for ILO standards, is leading to international competition based on a “race to the bottom”. Restrictions and deficiencies in law deprived millions of workers in export processing zones and in agriculture of their rights. Conditions in export processing zones were generally extremely exploitative with women workers suffering most. Rural workers in several countries were denied union rights and faced repression by employers and governments. In Brazil for instance, 16 cases of killing of rural workers were documented. Loopholes in legislation allowed employers to reduce workers’ entitlements and rights in various ways including through subcontracting and precarious employ- ment contracts. Workers employed in privatised public enterprises, such as in the telecommunications sector in Peru and in several instances in central and eastern Europe and the Newly Independent States, were deprived of entitle- ments obtained through collective bargaining. Many thousands lost their jobs with little, and in some cases no, compensation. These workers were frequently left with no employment prospects, or had to join the millions of people world- wide working in informal or unprotected jobs, outside the coverage of legisla- tion. ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2003 060 Many examples are cited of governments violating the rights of their own employees, including in several industrialised countries. Excessively broad defi- nitions of “essential services” were used to curtail the rights of public sector employees in many jurisdictions, for example in several Caribbean countries. Cases were brought before the ILO concerning a range of restrictions contained in provincial-level legislation in Canada, and numerous examples of employers discriminating against trade unionists and repressing union organising efforts took place in the United States, in the private and public sectors. In a number of other industrialised countries existing legislation contravening ILO standards remained in force. Certain countries appear in the Survey year after year, often for recurring viola- tions of the same nature. The ongoing refusal of these countries to respect fun- damental labour standards, such as repression of trade unions and widespread use of forced labour by the Burmese military dictatorship, underlines the need for additional mechanisms to support the ILO’s role to promote and guarantee workers’ rights. These must include changes to the rules and procedures of the international bodies responsible for finance, investment and trade. International trade union action in 2002 resulted in some notable successes, with detained trade unionists released, perpetrators of crimes against working people brought to justice and workers receiving vital international support in their efforts to obtain respect at work. After years in detention, Ethiopian Teachers’ Union leader Taye Woldesmiate was finally released, and former mili- tary officers from the Pinochet era in Chile were imprisoned for murdering trade unionists during the time of that regime. Like thousands of others in countries worldwide, workers at the Lighthouse factory in Thailand were able to call in international support to ensure that their grievances were addressed after their employer had undermined their rights. Responding to trade union rights violations wherever they occur, and campaign- ing for a fundamental transformation of globalisation, remain at the core of the ICFTU’s global mission. In carrying out this mission, we pay tribute to all those who have given so much, even at the cost of their own lives, to the cause of working people worldwide. Guy Ryder General Secretary ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2003 070 The eight core labour standards of the ILO (International Labour Organisation) It is indicated in the text whether a country has ratified the following conventions : • N° 29 Forced Labour (1930) • N° 87 Freedom of Association and Protection of the Right to Organise (1948) • N° 98 Right to Organise and Collective Bargaining (1949) • N° 100 Equal Remuneration for Work of Equal Value (1951) • N° 105 Abolition of Forced Labour (1957) • N° 111 Discrimination in Employment and Occupation (1958) • N° 138 Minimum Age for Employment (1973) • N° 182 Worst Forms of Child Labour Convention (1999) ICFTU annual survey OF VIOLATIONS OF TRADE UNION RIGHTS 2003 The disintegration of state structures coupled with the lack of will of many African governments have had a very negative impact on protection of democratic principles and of the fundamental rights of African citizens. Trade union rights have again been the first to suffer from this lack of respect. As in previous years, the inability of governments to resist the requirements of the IMF and the World Bank to implement structural programmes has led to job losses throughout the year. In many countries, such as Angola, the Democratic Republic of Congo, the Central African Republic, Nigeria and Togo, workers have not been paid for the work they have Africa actually done. And those who have lost their jobs have joined the ranks of millions of workers already employed in the insecure informal economy so as to earn just enough to survive on. Trade union rights violations have been noted in two new countries in this year’s report, Côte d’Ivoire and Gabon; in the former, a bitter conflict in the airline company Air Afrique resulted in the beating up of seven hunger strikers protesting against non-payment of their wages, and in the latter over 500 municipal workers were issued with threats of dismissal following a strike.